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2006

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Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle Jan 2006

Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle

Hofstra Law Review

A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers' ethical obligations. Advocates of client-centered approaches put lawyers' duty to the client first. Justice-centered theorists critique the elevation of the client's interests over other important concerns lawyers affect through the work they do on behalf of clients. Scholars who adopt justice-centered approaches argue that lawyers' ethical obligations should be analyzed with a paramount focus on achieving justice.

Legal ethicists often view these two approaches as inconsistent with each other, but I argue in this Article that they are not necessarily so. Building on …


Interpreting Searches Of Pretrial Releases Through The Lens Of The Fourth Amendment Special Needs Exception, Melissa Weiss Jan 2006

Interpreting Searches Of Pretrial Releases Through The Lens Of The Fourth Amendment Special Needs Exception, Melissa Weiss

Hofstra Law Review

No abstract provided.


Sexual Orientation And The Law: A Research Bibliography Selectively Annotating Legal Literature Through 2005, James M. Donovan, Ronald E. Wheeler, Ronald E. Wheeler, Stephanie Wilson Jan 2006

Sexual Orientation And The Law: A Research Bibliography Selectively Annotating Legal Literature Through 2005, James M. Donovan, Ronald E. Wheeler, Ronald E. Wheeler, Stephanie Wilson

Faculty Publications By Year

No abstract provided.


Toward Healing And Restoration For All: Reframing Medical Malpractice Reform, Jonathan Todres Jan 2006

Toward Healing And Restoration For All: Reframing Medical Malpractice Reform, Jonathan Todres

Faculty Publications By Year

The medical malpractice liability system is blamed for everything from the high cost of health care to quality assurance issues. This Article suggests that that one of the problems with the current approach to medical malpractice is that legal remedies for medical error are not viewed as part of the continuum of care. Thus, a new model - driven by the principle of care and the goal of healing - is needed to address medical errors more effectively. Building from these core principles of care and healing, the author develops a new healing-centered framework which provides a better assessment of …


Shame And The Meanings Of Punishment, Chad Flanders Jan 2006

Shame And The Meanings Of Punishment, Chad Flanders

All Faculty Scholarship

Debates over shaming punishments have raged over the past few years, with people like Dan Kahan and Eric Posner for them, while James Whitman and Martha Nussbaum have entered the fray strongly against them. This Essay argues that both sides in the shaming punishment debate have it only party right. Those who favor shaming sanctions are correct that we should (all else being equal) favor those punishments which are expressive rather than those that involve some form of hard treatment. And those who reject shaming sanctions are correct that such sanctions involve forms of humiliation and denials of dignity that …


Giarratano Is A Scarecrow: The Right To Counsel In State Capital Postconviction Proceedings, Eric M. Freedman Jan 2006

Giarratano Is A Scarecrow: The Right To Counsel In State Capital Postconviction Proceedings, Eric M. Freedman

Cornell Law Review

No abstract provided.


The Lamentable Notion Of Indefeasible Presidential Powers: A Reply To Professor Prakash, Harold J. Krent Jan 2006

The Lamentable Notion Of Indefeasible Presidential Powers: A Reply To Professor Prakash, Harold J. Krent

Cornell Law Review

No abstract provided.


Death Row For Child Rape - Cruel And Unusual Punishment Under The Roper-Atkins Evolving Standards Of Decency Framework, Joanna H. D'Avella Jan 2006

Death Row For Child Rape - Cruel And Unusual Punishment Under The Roper-Atkins Evolving Standards Of Decency Framework, Joanna H. D'Avella

Cornell Law Review

No abstract provided.


Aedpa: The Hype And The Bite, John H. Blume Jan 2006

Aedpa: The Hype And The Bite, John H. Blume

Cornell Law Review

No abstract provided.


The Limits Of Habeas Jurisdiction And The Global War On Terror, James E. Pfander Jan 2006

The Limits Of Habeas Jurisdiction And The Global War On Terror, James E. Pfander

Cornell Law Review

No abstract provided.


Courts At War, John Yoo Jan 2006

Courts At War, John Yoo

Cornell Law Review

No abstract provided.


Bulletin: General Catalog Issue 2006-2007, Portland State University Jan 2006

Bulletin: General Catalog Issue 2006-2007, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.


Roster, University Of South Florida St. Petersburg Faculty Roster, Fall 2005, University Of South Florida St. Petersburg Jan 2006

Roster, University Of South Florida St. Petersburg Faculty Roster, Fall 2005, University Of South Florida St. Petersburg

SACS Historical Forms and Applications

A list of faculty for the University of South Florida St. Petersburg for Fall 2005. The roster is arranged alphabetically by College and thereunder by Department and thereunder by last name.


Racial Inequality And The Black Ghetto, Alexander Polikoff Jan 2006

Racial Inequality And The Black Ghetto, Alexander Polikoff

Northwestern Journal of Law & Social Policy

No abstract provided.


Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White Jan 2006

Federally Mandated Destruction Of The Black Family: The Adoption And Safe Families, Christina White

Northwestern Journal of Law & Social Policy

No abstract provided.


In Memoriam: Charles W. Mentkowski Jan 2006

In Memoriam: Charles W. Mentkowski

Marquette Sports Law Review

No abstract provided.


Checking Up On Student-Athletes: A Ncaa Regulation Requiring Criminal Background Checks, Lindsay M. Potrafke Jan 2006

Checking Up On Student-Athletes: A Ncaa Regulation Requiring Criminal Background Checks, Lindsay M. Potrafke

Marquette Sports Law Review

No abstract provided.


Separation Of Church And Estate: On Excluding Parish Assets From The Bankruptcy Estate Of A Diocese Organized As A Corporation Sole, Daniel J. Marcinak Jan 2006

Separation Of Church And Estate: On Excluding Parish Assets From The Bankruptcy Estate Of A Diocese Organized As A Corporation Sole, Daniel J. Marcinak

Catholic University Law Review

No abstract provided.


The Not So Great Writ: The European Court Of Human Rights Finds Habeas Corpus An Inadequate Remedy: Should American Courts Reexamine The Writ?, Allen E. Shoenberger Jan 2006

The Not So Great Writ: The European Court Of Human Rights Finds Habeas Corpus An Inadequate Remedy: Should American Courts Reexamine The Writ?, Allen E. Shoenberger

Catholic University Law Review

No abstract provided.


Handling Claims Of Actual Innocence: Rejecting Federal Habeas Corpus As The Best Avenue For Addressing Claims Of Innocence Based On Dna Evidence, Matthew J. Mueller Jan 2006

Handling Claims Of Actual Innocence: Rejecting Federal Habeas Corpus As The Best Avenue For Addressing Claims Of Innocence Based On Dna Evidence, Matthew J. Mueller

Catholic University Law Review

No abstract provided.


An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George Jan 2006

An Empirical Study Of Empirical Legal Scholarship: The Top Law Schools, Tracey E. George

Indiana Law Journal

Symposium: The Next Generation of Law School Rankings held April 15, 2005 at Indiana University School of Law-Bloomington.


Dedication To Dr. Michael P. Roche, James W. Abbott, Laura L. Ask, Roxie Boettcher, Carmen Cook, Jennifer Daugherty, Gregory J. Erlandson, Kathryn E. Ford, Cheryle Wiedmeier Gering, Gary Gurwell, Gloria Gurwell, Karen A. Hattervig, Thomas G. Hohenthaner, Scott Hoy, Margo Julius, Nora Kane, Kirsten Libby, Stephen C. Lindly, Sandy Mckeown, Trudy A. Morgan, Rich W. Orr, Frank Pommersheim, Vincent Michael Roche, Dean J. Spader, Michael W. Strain, James R. Talcott Jan 2006

Dedication To Dr. Michael P. Roche, James W. Abbott, Laura L. Ask, Roxie Boettcher, Carmen Cook, Jennifer Daugherty, Gregory J. Erlandson, Kathryn E. Ford, Cheryle Wiedmeier Gering, Gary Gurwell, Gloria Gurwell, Karen A. Hattervig, Thomas G. Hohenthaner, Scott Hoy, Margo Julius, Nora Kane, Kirsten Libby, Stephen C. Lindly, Sandy Mckeown, Trudy A. Morgan, Rich W. Orr, Frank Pommersheim, Vincent Michael Roche, Dean J. Spader, Michael W. Strain, James R. Talcott

South Dakota Law Review

No abstract provided.


Placing Court Records Online: Balancing Judicial Accountability With Public Trust And Confidence: An Analysis Of State Court Electronic Access Policies And A Proposal For South Dakota Court Records, Lynn E. Sudbeck Jan 2006

Placing Court Records Online: Balancing Judicial Accountability With Public Trust And Confidence: An Analysis Of State Court Electronic Access Policies And A Proposal For South Dakota Court Records, Lynn E. Sudbeck

South Dakota Law Review

No abstract provided.


Lex-Praxis Of Education Informational Privacy For Public Schoolchildren, Susan P. Stuart Jan 2006

Lex-Praxis Of Education Informational Privacy For Public Schoolchildren, Susan P. Stuart

Nebraska Law Review

Starting with the premise that students' informational privacy is constitutionally protected, this Article will examine the federal statutes that purport to protect that privacy. Part II will sort through the current versions of federal statutes that regulate the collection, maintenance, and disclosure of student information and examine whether they actually protect student privacy interests. Part III will outline what information a local policy must constitutionally protect that the statutes really do not. Finally, Part IV will set out a plan for incorporating fair information practices into the framework of any local privacy policy and thereby set out a more coherent …


Reflections On Law Schools And The Idea Of The University, Thomas E. Baker Jan 2006

Reflections On Law Schools And The Idea Of The University, Thomas E. Baker

Faculty Publications

Thomas Baker is one of the founding faculty members of the Florida International University College of Law and this article is based on a speech delivered in October of 2002 during the university's Annual Faculty Convocation. It details the composition of both the entering classes and the law faculty and discusses the law school's mission to provide opportunities for minorities to attain representation in the legal profession that is proportionate to their representation in the population. It explores the role of law schools in higher education and notes the FIU College of Law's efforts to incorporate important developments in the …


The Supreme Court's Attack On Domestic Violence Legislation—Discretion, Entitlement, And Due Process In Town Of Castle Rock V. Gonzales, Kathleen K. Curtis Jan 2006

The Supreme Court's Attack On Domestic Violence Legislation—Discretion, Entitlement, And Due Process In Town Of Castle Rock V. Gonzales, Kathleen K. Curtis

William Mitchell Law Review

No abstract provided.


Problem-Solving Judges—Meddlers Or Innovators?, John B. Van De North Jr. Jan 2006

Problem-Solving Judges—Meddlers Or Innovators?, John B. Van De North Jr.

William Mitchell Law Review

No abstract provided.


Damned If You Do, Damned If You Don't-Why Minnesota's Prison-Based Sex Offender Treatment Program Violates The Right Against Self-Incrimination, David Heim Jan 2006

Damned If You Do, Damned If You Don't-Why Minnesota's Prison-Based Sex Offender Treatment Program Violates The Right Against Self-Incrimination, David Heim

William Mitchell Law Review

No abstract provided.


The Role Of The Prosecutor In Juvenile Justice: Advocacy In The Courtroom And Leadership In The Community, James C. Backstrom, Gary L. Walker Jan 2006

The Role Of The Prosecutor In Juvenile Justice: Advocacy In The Courtroom And Leadership In The Community, James C. Backstrom, Gary L. Walker

William Mitchell Law Review

No abstract provided.


Criminal Law-Limiting Use Of Post-Homicide Concealment Of A Body As An Aggravating Factor In Criminal Sentencing-State V. Leja, Stephen W. Trask Jan 2006

Criminal Law-Limiting Use Of Post-Homicide Concealment Of A Body As An Aggravating Factor In Criminal Sentencing-State V. Leja, Stephen W. Trask

William Mitchell Law Review

No abstract provided.